Minnesota Post-Conviction Relief
A guilty verdict can feel like the end. It is not always the end. Minnesota law gives some people a way to challenge a conviction or sentence after the case is over. This is called post-conviction relief.
It is not the same as an appeal. An appeal happens soon after your case. It looks only at what was already in the court record. Post-conviction relief comes later. It can raise problems that were never part of that record. At Lundgren & Johnson, we review whether you may have grounds to reopen your case. We handle post-conviction matters across Minnesota as part of our criminal defense practice.
Post-Conviction Relief vs. a Direct Appeal
Many pages treat appeals and post-conviction relief as the same thing. They are not.
A direct appeal is your first challenge. You file it soon after sentencing. A higher court reviews the trial record for legal errors. If you are still inside the appeal window, that is usually the first step. You can learn more on our criminal appeals page.
Post-conviction relief is different. You file a petition in the district court where you were convicted. It is used when an appeal is not available, or when your claim depends on facts outside the record. Common examples include a lawyer who failed you or new evidence that surfaced later. Minnesota sets this out in Minn. Stat. 590.01.
Who Can File
Post-conviction relief is for a person who was convicted of a crime. You can ask the court to do several things. These include vacating the conviction, granting a new trial, correcting the sentence, or resentencing you. New scientific evidence, like DNA, can also support a claim of actual innocence.
The Two-Year Deadline
Timing matters a lot. In most cases, you have two years to file. The clock starts at the later of two points. It is the day judgment was entered if you did not appeal, or the day the appeals court decided your direct appeal. Miss the deadline, and the court can throw out your petition without a hearing.
There are five narrow exceptions to the two-year limit. They include a new and retroactive change in the law, newly discovered evidence, and an interests-of-justice reason. Even then, you usually must act within two years of when that new claim arises. These exceptions are hard to meet, so early action is safer.
The Knaffla Rule
Minnesota has a rule from a case called State v. Knaffla. It says you cannot use post-conviction relief to re-raise claims you already made, or could have made, on direct appeal. The idea is that you get one full chance to raise known issues.
This rule catches many people by surprise. It is one reason claims that feel strong still get denied. A claim about your appeal lawyer can sometimes get around the rule, because it could not have been raised earlier. Careful review of what was and was not raised is key.
Common Grounds for Relief
Not every case qualifies. The grounds that tend to work rely on facts outside the trial record. Common ones include:
- A trial lawyer who did not do their job (ineffective assistance of counsel)
- New evidence that could not have been found earlier
- A new court ruling that applies to your case and is retroactive
- A sentence that is illegal, such as one based on a wrong criminal-history score
- A guilty plea that should be undone to correct a serious wrong
An illegal sentence can sometimes be fixed even after the two-year window, through a separate motion.
What Relief Looks Like
If the court finds a real dispute of fact, it must hold a hearing. This is called an evidentiary hearing. It does not happen in every case. The court can deny a petition without a hearing if the record clearly shows you are not entitled to relief.
If you win, the outcome depends on the claim. The court might order a new trial, vacate the conviction, or change the sentence. We cannot promise a result. What we can do is review your case honestly and pursue every ground that fits. If your case cannot be reopened, sealing your record through expungement may still be an option.
Frequently Asked Questions
What is the difference between an appeal and post-conviction relief?
An appeal comes first and reviews the trial record. Post-conviction relief comes later. It can raise issues outside that record, like a bad lawyer or new evidence.
How long do I have to file for post-conviction relief in Minnesota?
Usually two years. The clock starts when judgment is entered if you did not appeal, or when the appeals court decides your direct appeal. A few narrow exceptions apply.
I already lost my appeal. Can I still do anything?
Maybe. Post-conviction relief is often used after an appeal. But the Knaffla rule blocks claims you already raised or could have raised. A review can tell you what is left.
Can I take back a guilty plea?
Sometimes. After sentencing, in order to withdraw a guilty plea, you must show that doing so is necessary to correct a manifest injustice. These requests are usually handled through a post-conviction petition.
Will I get a court hearing?
Not always. The court must hold a hearing only if your petition raises a real dispute of fact that the record does not settle.
Do you handle post-conviction cases statewide?
Yes. We file in the county where the conviction happened and work with clients across Minnesota. Call (612) 767-9643.
Talk With a Minnesota Post-Conviction Lawyer
Do you think something went wrong in your case? Time limits are strict, so do not wait. Call Lundgren & Johnson at (612) 767-9643 or use our contact form. We will review whether you may have grounds for post-conviction relief in Minnesota.